16 Fla. L. Weekly Supp. 444a
Online Reference: FLWSUPP 165VILLA
Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form requirement applies to initial date of service only
SOUTH FLORIDA PAIN AND REHABILITATION OF FT. LAUDERDALE, PA., a Florida Corporation (assignee of Villatoro, Ritzi), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-11093 CC 23 (02). March 4, 2009. Caryn Canner Schwartz, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Adam Levine, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR REHEARING AND RECONSIDERATION/ORDER SETTING ASIDE ORDERS DATED MARCH 6, 2008AND FEBRUARY 22, 2008
THIS CAUSE having come before the Court on the 17th of June, 2008 on Plaintiff’s Motion for Rehearing and Reconsideration, and after hearing argument of counsel, reviewing the file, all applicable motions and attachments, all Florida law submitted, it is hereby:
ORDERED AND ADJUDGED that Plaintiff’s Motion for Rehearing and Reconsideration is GRANTED.
Factual Background: On February 22, 2008 this court entered an order granting Defendant’s Motion for Summary Judgment (and thereafter on March 6, 2008 final summary judgment was entered) granting Defendant Final Summary Judgment finding that the Plaintiff’s failure to submit a properly completed disclosure and acknowledgment form was fatal to all dates of service. The above order and final summary judgment were issued prior to the Miami-Dade Circuit Appellate opinion in Reese King v. United Auto. Ins. Co., 15 Fla. L. Weekly Supp. 430a (2008) which is binding upon this court. Accordingly, the above order and judgment are hereby set aside. This Court’s ruling is consistent with the Circuit Court’s holding in Reese King, as well as this court’s prior ruling in Preferred Medical & Rehab, Inc. v. Progressive Select Insurance Company, 15 Fla. L. Weekly Supp. 1007b (Miami-Dade County Court, Judge Caryn Canner Schwartz, 2008).
